Registrar sets record straight in Sh200m Nairobi land dispute
Traders Abdul Aziz Aleem, Julius Khaneli Silunya and Dennis Ngite Onunga in the dock at the Milimani Law Courts in Nairobi over a Sh200 million land fraud case.
A registrar in the Lands ministry has clarified in court that a disputed parcel of land valued at Sh200 million, in an upmarket city area, belongs to Amar Holdings Limited (AHL).
Testifying before Milimani chief magistrate Martha Mutuku, Mr Stephen Chege Njoroge said records in the lands office recognise AHL as the registered owner of the land in Riverside, Nairobi COunty, which has also been claimed by three traders.
Mr Njoroge set the record straight on Monday, producing registration documents for two adjacent pieces of land - LR 205/107 IR89504 and LR205/108 IR89503 - allegedly grabbed by traders Abdul Aziz Aleem, Julius Khaneli Silunya and Dennis Ngite Onunga.
The three have denied two counts of forcible detainer of land and conspiracy to defraud.
They are charged that on June 14, 2020, they unlawfully held possession of the two properties in a manner likely to cause a breach of peace against AHL, a company entitled by law to possession of the two pieces of land.
In the second count, it is alleged that they conspired, by purporting to be the genuine owners of the land, to fraudulently hold its possession without the knowledge or consent of the owner.
Mr Njoroge, who was led in his evidence by prosecutor Anderson Gikunda, said all records in the land registry place the ownership squarely on AHL since there are no accounts of transfer.
He handed over to Ms Mutuku correspondence between the lands registry and the Directorate of Criminal investigations (DCI), which sought to establish the correct owner of the land.
Mr Njoroge said the lands office received a request to name the owner of the land following a report that its ownership had irregularly changed.
Cross-examined by defence lawyer Michael Osundwa, the registrar said he was not aware the land was used to guarantee a bank loan.
He also said he did not know how the land changed ownership since records in their possession name AHL as the owner.
The magistrate adjourned the case to August 3.
